The following terms are referenced throughout the Policy. 

A. Complainant. An individual who is alleged to have been subjected to prohibited conduct.

B. Consent. The act of freely, actively, and willingly agreeing to engage in sexual behavior. Consent may be asked for and given verbally or through non-verbal communication or actions. Consent can be withdrawn at any time by communicating words or actions to the other person. Consenting to one sexual act does not imply consent to another sexual act. Whether someone has given consent is based on the totality of the circumstances and is determined by reference to a reasonable person in the same or similar circumstances. Consent cannot be inferred from silence, passivity, or a lack of resistance. Consent cannot be inferred from a current or previous dating or sexual relationship. A person is considered to be incapable of giving consent if they are asleep, unconscious, otherwise unable to communicate, incapacitated due to alcohol and/or drugs, a minor who is under the age of 16, or mentally handicapped.        

C. Formal Complaint. A physical or electronic document submitted by a complainant (or by the Title IX coordinator) alleging prohibited Title IX sexual harassment against a respondent and requesting that the College investigate the allegation(s). The document must contain complainant’s physical or digital signature, or otherwise indicate that complainant is the person filing the formal complaint. At the time of filing a formal complaint, complainant must be participating in or attempting to participate in a College education program or activity.

D. Incapacitated. A state in which a person cannot understand the nature of the act, cannot understand the right to refuse to participate in the act, or not capable of being aware of or understanding that the sexual activity is occurring. Incapacitation may be the result of the effects of alcohol, narcotics, drugs, or other substances, physical injury, or other reasons that the respondent knows or should have known based on a reasonable person standard.

E. Party. A complainant or respondent.

F. Prohibited Conduct. Defined in Section VI.

G. Relevant. Directly related to the allegations of the prohibited conduct under investigation and determination as part of the Policy’s grievance procedures and having value in determining whether prohibited conduct occurred. Questions are relevant when they seek evidence that may aid in showing whether the alleged prohibited conduct occurred. Evidence is relevant if it may aid the decision-maker in determining whether the alleged prohibited conduct occurred by having value or tendency to make a fact more or less probable than it would be without the evidence.

H. Respondent. A person who is alleged to have engaged in prohibited conduct in violation of this Policy. 

I. Supportive Measures. Defined in Section VII.